Offence

Begin Search
ADLA member for - NT

Written by
Peter Maley
Director - Criminal Lawyer


Email your enquiry Make an appointment
Call 08 8981 2266
Commonwealth Offences - Federal
Welcome to the Federal Larceny as a Clerk article page. Everything you need to know about Larceny as a Clerk according to Federal law - Dated: 09/01/2009

What the Law States according to Federal Law for Larceny as a Clerk
According to Federal Law for the charge of Larceny as a Clerk,

Section 156 of the Crimes Act states:

Whosoever, being a clerk, or servant, steals any property belonging to, or in the possession, or power of, his or her master, or employer, or any property into or for which it has been converted, or exchanged, shall be liable to imprisonment for ten years.

The Maximum Penalty - Larceny as a Clerk
According to Federal Law for the charge of Larceny as a Clerk, The Maximum penalty for the offence of Larceny by Clerk or Servant is 10 years imprisonment.

What the Police must prove according to Federal Law for Larceny as a Clerk

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

1. The accused person was a clerk or servant.
2. The property charged was owned by his or her master, or was in the power or possession of the master.
3. The accused person stole the property.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.

Possible Defences under Federal Law - Larceny as a Clerk

Possible defences to this offence include but are not limited to

1. Duress
2. Necessity

In Federal which court will hear the matter - Larceny as a Clerk

Where the value of the property charged exceeds $5000, this matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

Where the value of the property charged does not exceed $5000, this matter is a Table 2 offence which means that the DPP can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

null null
Call ADLA on 1300 331 331